Employer not paying correct vacation pay

martina59 · #1 May 30, 2009, 06:11 PM

We did some investigating, & made some calls; it turns out we have pretty solid proof that my husbands employer is only paying vacation pay on "straight time",& not including overtime. If he brings it up they could make life pretty miserable to the point of job loss. This "error" involves a couple thousand $. Got any advise as to how to deal with this? ( one small item hubby is VERY non confrontational )

twinkiedooter · May 30, 2009, 06:22 PM

I am sorry to inform hubby that the company is correct about paying for "straight" time and not including overtime in vacation time. Why should a company not do this? Say your husband works 20 hours a week overtime one week and 15 hours overtime another week. Why in the world would a company pay him ANY overtime if they are paying him vacation time?

Anytime I EVER collected vacation time and actually took a vacation at the numerous companies I have worked for in various industries I have always been paid straight time for any vacation time paid to me.

Sorry. In the real world companies don't have to give vacation days to employees and if they do pay the employees vacation time it is always at straight time and not overtime included. There is no law saying that companies have to give vacations either!!

Tell hubby to please calm down about this or as you said they could show him the door. If hubby doesn't want to take a vacation and lose money, then tell him not to take a vacation. Simple. Either he wants the money from the overtime or he wants the time off. Can't have both without giving up something.....

martina59 · May 31, 2009, 01:31 PM

Well, according to Canadian labour laws. hubby IS entitled to 6% vacation pay, based on TOTAL WAGES. He doesn't take time off w/pay. Any time off or vacation he gets, it's WITHOUT pay

Quote:

Originally Posted by twinkiedooter

I am sorry to inform hubby that the company is correct about paying for "straight" time and not including overtime in vacation time. Why should a company not do this? Say your husband works 20 hours a week overtime one week and 15 hours overtime another week. Why in the world would a company pay him ANY overtime if they are paying him vacation time?

Anytime I EVER collected vacation time and actually took a vacation at the numerous companies I have worked for in various industries I have always been paid straight time for any vacation time paid to me.

Sorry. In the real world companies don't have to give vacation days to employees and if they do pay the employees vacation time it is always at straight time and not overtime included. There is no law saying that companies have to give vacations either!!

Tell hubby to please calm down about this or as you said they could show him the door. If hubby doesn't want to take a vacation and lose money, then tell him not to take a vacation. Simple. Either he wants the money from the overtime or he wants the time off. Can't have both without giving up something.....

martina59 · May 31, 2009, 01:32 PM

Quote:

Originally Posted by Fr_Chuck

yes, unless they have a union contract to tell them they have to, vacation pay is not including overtime.

Well, according to Canadian labour laws. hubby IS entitled to 6% vacation pay, based on TOTAL WAGES. He doesn't take time off w/pay. Any time off or vacation he gets, it's WITHOUT pay